Opinion
No. CR 10-00625-JF
11-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. JUAN CARLOS CRUZ-BOTELLO, Defendant.
VARELL L. FULLER Assistant Federal Public Defender ALLISON MARSTON DANNER Assistant United States Attorney
BARRY J. PORTMAN
Federal Public Defender
VARELL L. FULLER
Counsel for Defendant CRUZ-BOTELLO
STIPULATION TO EXTEND SELF-SURRENDER DATE; [PROPOSED]
ORDER
Honorable Lucy H. Koh
(Duty Judge)
STIPULATION
Defendant Juan Carlos Cruz-Botello, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Allison Marston Danner, hereby stipulate that, with the Court's approval, the defendant's December 1, 2011, self-surrender, shall be extended to January 2, 2012.
The defendant Juan Carlos Cruz-Botello was sentenced to 60 months in custody following his guilty plea to violating 21 U.S.C. §§ 841(a)(1) and 841(b)(A)(viii), distribution of over 50 grams of methamphetamine. The Court ordered him to self-surrender by 2:00 p.m. on December 1, 2011, to the institution designated by the Bureau of Prisons to serve the sentence imposed. The reason for the requested extension is Mr. Cruz-Botello was notified on November 28, 2011, of the facility where he is to self-surrender, and he has not finalized travel arrangements to arrive there by December 1. Additionally, Mr. Cruz-Botello's wife is presently unemployed and he is assisting her job search by providing care for their children while she participates in a job training program through the Salvation Army and seeks employment. Accordingly, Mr. Cruz-Botello respectfully request an extension to January 2, 2012, to allow him to finalize his travel arrangement to his BOP facility and to continue assisting his wife secure employment to provide for their children before he surrenders to serve the sentence imposed.
For the foregoing reasons, the parties stipulate and respectfully ask that the Court extend Mr. Cruz-Botello's self-surrender date to January 2, 2012. Mr. Cruz-Botello remains under Pretrial Services supervision and he has been compliant with all pretrial release conditions as ordered. Counsel for Mr. Cruz-Botello has consulted with Pretrial Services Officer Jaime Carranza, who is assigned to this matter, and he has no objection to the requested extension.
Accordingly, it is respectfully requested that the Court extend Mr. Cruz-Botello's self-surrender date to January 2, 2012.
IT IS SO STIPULATED.
VARELL L. FULLER
Assistant Federal Public Defender
ALLISON MARSTON DANNER
Assistant United States Attorney
UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN CARLOS CRUZ-BOTELLO, Defendants.
No. 10-00625-JF
[PROPOSED] ORDER EXTENDING
SELF-SURRENDER DATE
Honorable Lucy H. Koh
GOOD CAUSE APPEARING, and upon stipulation of the parties, IT IS HEREBY ORDERED that Mr. Juan Carlos Cruz-Botello's self-surrender date is extended from December 1, 2011, to January 2, 2012. IT IS FURTHER ORDERED that he shall surrender for service of the sentence previously imposed in this matter by 2:00 p.m. on January 2, 2012, to the BOP facility to which he has been designated or the San Jose United States Marshal's Office.
IT IS SO ORDERED.
HON. LUCY H. KOH
United States District Court Judge